[Federal Register Volume 80, Number 86 (Tuesday, May 5, 2015)]
[Rules and Regulations]
[Pages 25609-25611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10465]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150116050-5375-02]
RIN 0648-XD726


Atlantic Highly Migratory Species; North and South Atlantic 2015 
Commercial Swordfish Quotas

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: This final rule adjusts the 2015 fishing season quotas for 
North and South Atlantic swordfish based upon 2014 quota underharvests 
and international quota transfers consistent with International 
Commission for the Conservation of Atlantic Tunas (ICCAT) 
Recommendations 13-02 and 13-03. This final rule applies to commercial 
and recreational fishing for swordfish in the Atlantic Ocean, including 
the Caribbean Sea and Gulf of Mexico. This action implements ICCAT 
recommendations, consistent with the Atlantic Tunas Convention Act 
(ATCA), and furthers domestic management objectives under the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

DATES: Effective on June 4, 2015.

ADDRESSES: Copies of the supporting documents--including the 2012 
Environmental Assessment (EA), Regulatory Impact Review (RIR), and 
Final Regulatory Flexibility Analysis (FRFA) for North Atlantic 
swordfish; the 2007 EA, RIR, and FRFA for South Atlantic swordfish; and 
the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery 
Management Plan (FMP) and associated documents--are available from the 
HMS Management Division Web site at http://www.nmfs.noaa.gov/sfa/hms/ 
or by contacting Andrew Rubin by phone at 301-427-8503 or Steve Durkee 
by phone at 202-670-6637.

FOR FURTHER INFORMATION CONTACT: Andrew Rubin by phone at 301-427-8503, 
Steve Durkee by phone at 202-670-6637.

SUPPLEMENTARY INFORMATION: 

Background

    The U.S. Atlantic swordfish fishery is managed under the 2006 
Consolidated HMS FMP. Implementing regulations at 50 CFR part 635 are 
issued under the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801 
et seq., and ATCA, 16 U.S.C. 971 et seq. ATCA authorizes the Secretary 
of Commerce (Secretary) to promulgate regulations as may be necessary 
and appropriate to implement ICCAT recommendations.
    For North Atlantic swordfish, this final action maintains the U.S. 
baseline quota of 2,937.6 metric tons (mt) dressed weight (dw) and 
implements an ICCAT-recommended quota transfer of 18.8 mt dw from the 
United States to Mauritania. For South Atlantic swordfish, this action 
maintains the U.S. South Atlantic swordfish quota at 75.2 mt dw (100 mt 
whole weight (ww)), carries over 75.1 mt dw of 2014 underharvest, and 
authorizes the transfer of 50 mt ww (37.6 mt dw) to Namibia, 25 mt ww 
(18.8 mt dw) to C[ocirc]te d'Ivoire, and 25 mt ww (18.8 mt dw) to 
Belize, consistent with ICCAT Recommendation 13-03. Information 
regarding the quota calculations can be found below. Additional details 
regarding the quotas and other actions in this rule and their impacts 
can be found in the proposed rule (80 FR 8838, February 19, 2015).

North Atlantic Swordfish Quota

    At the 2013 ICCAT annual meeting, Recommendation 13-02 was adopted, 
maintaining the North Atlantic swordfish total allowable catch (TAC) of 
10,301 metric tons (mt) dressed weight (dw) (13,700 mt whole weight 
(ww)) through 2016. Of this TAC, the United States' baseline quota is 
2,937.6 mt dw (3,907 mt ww) per year. ICCAT Recommendation 13-02 also 
includes an 18.8 mt dw (25 mt ww) annual quota transfer from the United 
States to Mauritania and limits allowable 2014 and any future 
underharvest carryover to 15 percent of a contracting party's baseline 
quota. Therefore, the United States may carry over a maximum of 440.6 
mt dw (585.9 mt ww) of underharvest from 2014 to 2015. This final rule 
adjusts the U.S. baseline quota for the 2015 fishing year to account 
for the annual quota transfer to Mauritania and the 2014 underharvest.
    The 2015 North Atlantic swordfish baseline quota is 2,937.6 mt dw 
(3,907 mt ww). The preliminary estimate of North Atlantic swordfish 
underharvest for 2014 is 2,395.6 mt dw (3,186.1 mt ww). Even without 
including an estimate of dead discards, the estimated underharvest is 
larger than the maximum carryover cap (440.6 mt dw or 585.9 mt ww). 
Therefore, as proposed, NMFS is carrying forward 440.6 mt dw, the 
maximum carryover allowed per Recommendation 13-02. Additionally, this 
final rule reduces the 2,937.6 mt dw baseline quota by the 18.8 mt dw 
(25 mt ww) annual quota transfer to Mauritania. These two changes 
result in an adjusted North Atlantic swordfish quota for the 2015 
fishing year of 3,359.4 mt dw (2,937.6 baseline quota + 440.6 
underharvest -18.8 transfer to Mauritania = 3,359.4 mt dw or 4467.47 mt 
ww). From that adjusted quota, 50 mt dw is allocated to the reserve 
category for in season adjustments and research, and 300 mt dw is 
allocated to the incidental category, which includes recreational 
landings and landings by incidental swordfish permit holders, per Sec.  
635.27(c)(1)(i). This results in an allocation of 3,009.4 mt dw 
(3,359.4 adjusted quota -50 to the reserve quota--300 mt dw to the 
incidental quota = 3,009.4 mt dw) for the directed category, which is 
split equally between two seasons in 2015 (January through June, and 
July through December) (Table 1).

South Atlantic Swordfish Quota

    In 2013, ICCAT Recommendation 13-03 established the South Atlantic 
swordfish TAC at 11,278.2 mt dw (15,000 mt ww) for 2014, 2015, and 
2016. Of this, the United States receives 75.2 mt dw (100 mt ww). 
Recommendation 13-03 limits the amount of South Atlantic swordfish 
underharvest that can be carried forward, and the United States may 
carry forward up to 100 percent of its baseline quota (75.2 mt dw). 
Recommendation 13-03 also included a total of 75.2 mt dw (100 mt ww) of 
quota transfers from the United States to other countries. These 
transfers were 37.6 mt dw (50 mt ww) to Namibia, 18.8 mt dw (25 mt ww) 
to C[ocirc]te d'Ivoire, and 18.8 mt dw (25 mt ww) to Belize.

[[Page 25610]]

    In 2014, U.S. fishermen landed no South Atlantic swordfish 
according to data available as of December 31, 2014. The adjusted 2014 
South Atlantic swordfish quota was 75.1 mt dw due to nominal landings 
the previous year. Therefore, 75.1 mt dw of underharvest is available 
to carry over to 2015. NMFS is carrying forward 75.1 mt dw to be added 
to the 75.2 mt dw baseline quota. The quota is then reduced by the 75.2 
mt dw of annual international quota transfers outlined above, resulting 
in an adjusted South Atlantic swordfish quota of 75.1 mt dw for the 
2015 fishing year.

                             Table 1--2015 North and South Atlantic Swordfish Quotas
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                                                   2014                                    2015
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North Atlantic Swordfish Quota
 (mt dw)
    Baseline Quota..............  2,937.6..............................  2,937.6
    International Quota Transfer  (-)18.8 (to Mauritania)..............  (-)18.8 (to Mauritania)
    Total Underharvest from       1,337.4..............................  2,395.6
     Previous Year +.
    Underharvest Carryover from   (+)734.4.............................  (+)440.6
     Previous Year +.
    Adjusted Quota..............  3,653.2..............................  3,359.4
    Quota Allocation............
        Directed Category.......  3,303.2..............................  3,009.4
        Incidental Category.....  300..................................  300
        Reserve Category........  50...................................  50
South Atlantic Swordfish Quota
 (mt dw)
    Baseline Quota..............  75.2.................................  75.2
    International Quota           (-)75.2..............................  (-)75.2
     Transfers *.
    Total Underharvest from       75.1.................................  75.1
     Previous Year +.
    Underharvest Carryover from   75.1.................................  75.1
     Previous Year +.
    Adjusted quota..............  75.1.................................  75.1
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+ Allowable underharvest carryover is capped at 15 percent of the baseline quota allocation for the North
  Atlantic and 75.2 dw (100 mt ww) for the South Atlantic. The available 2014 underharvest is based on data
  received from commercial dealers and anglers; it does not include dead discards, late reports, or changes to
  the data as a result of quality control adjustments.
* Under Recommendation 13-03, the United States transfers 75.2 mt dw (100 mt ww) annually to Namibia (37.6 mt
  dw, 50 mt ww), C[ocirc]te d'Ivoire (18.8 mt dw, 25 mt ww), and Belize (18.8 mt dw, 25 mt ww).

Response to Comments

    During the proposed rule comment period, NMFS received four written 
comments, three of which were directly related to the proposed rule. 
NMFS also heard comments during a discussion on the rule held at the 
HMS Advisory Panel meeting on March 10, 2015. A summary of the relevant 
comments on the proposed rule are shown below with NMFS' response. One 
written comment requested the general protection of fish, which is not 
specifically relevant to this rulemaking. All written comments 
submitted during the comment period can be found at http://www.regulations.gov/ by searching for NOAA-NMFS-2015-0023.
    Comment 1: Close the swordfish fishery because of overfishing.
    Response: According to the latest ICCAT Standing Committee on 
Research and Statistics (SCRS) stock assessment (2013), the stock is 
not overfished and no overfishing is taking place. Since the baseline 
adjusted quotas established through ICCAT are within the TAC 
established by the stock assessment, this action is unlikely to lead to 
overfishing. Therefore, NMFS does not make the change requested by the 
commenter.
    Comment 2: NMFS received contrasting comments regarding the 
underharvest carryover. One commenter said that no underharvest should 
be carried over into the 2015 quota. Other commenters stated that 
underharvest carryovers should not be limited to 15 percent of the 
baseline quota, and further specified that the underharvest carryover 
does not provide enough flexibility to account for unforeseen 
environmental and economic fluctuations and only affects the United 
States since most other countries fully utilize their allocation. That 
commenter felt the restriction of the carryover of underharvested quota 
is inconsistent with the Magnuson-Stevens Act and Atlantic Tuna 
Convention Act (ATCA) by not allowing for optimum yield or providing a 
reasonable opportunity to harvest U.S. quota.
    Response: Carrying over underharvest into the following year's 
quota provides flexibility to adjust to environmental and economic 
fluctuations. These fluctuations may result in fishermen not catching 
their full quota in a given year, but the carryover provides the 
opportunity to benefit from part of that underharvest in the subsequent 
year.
    Currently, the United States does not utilize the entire base quota 
from ICCAT, thus, the underharvest carryover limit is unlikely to 
affect domestic access to the resource in the short term. Because the 
current carryover limit is unlikely to affect domestic access to the 
resource, NMFS is not changing the current limit as requested by the 
commenter.
    Regarding the concerns that the underharvest carryover limit 
affects U.S. fishermen's opportunity to harvest the U.S. quota at 
optimum yield, ICCAT adopted the limited underharvest carryover 
provision to help ensure that MSY is not exceeded. The Magnuson-Stevens 
Act requires preventing overfishing while achieving on a continuing 
basis optimum yield. Optimum yield itself is prescribed based on MSY as 
reduced by ecological and other factors. The carryover limit is 
consistent with the MSA and with ATCA, which provides that quotas 
adopted at ICCAT cannot be increased or decreased. Furthermore, we note 
that for the past decade, the domestic fishery has neither utilized the 
entire U.S. quota allocation nor has it harvested it at a level to be 
impacted by an underharvest carryover limit.
    Comment 3: While NMFS should implement the current ICCAT swordfish 
quota recommendations, the next time the swordfish recommendations are 
negotiated at ICCAT, the United States should change its position. No 
U.S. quota should be transferred to other countries unless the United 
States receives something in return since these transfers help develop 
new fisheries that are not as conservation-minded as U.S. fisheries. 
Furthermore, landings under the international quota transfers should be 
credited as U.S. landings.
    Response: NMFS agrees that it should implement the quota measures 
in Recommendations 13-02 and 13-03 to comply with ICCAT measures. Under 
ATCA, the Secretary shall promulgate such regulations as may be 
necessary

[[Page 25611]]

and appropriate to carry out ICCAT recommendations, and the regulations 
as finalized appropriately carry out ICCAT recommendations regarding 
the North Atlantic swordfish stock while meeting NMFS's legal 
obligations and management needs.
    In the future, when negotiating swordfish recommendations at ICCAT, 
the United States will consider the state of the domestic fishery at 
that time to balance the needs of both U.S. fishermen and the 
environment.
    Comment 4: The U.S. fisheries are not harvesting part of its 
swordfish quota due to domestic regulations such as the time/area 
closures for pelagic longline gear. NMFS should reopen these areas to 
fishermen who are using circle hooks and following best practices. NMFS 
should reinstate the 33 pound minimum size for Atlantic swordfish.
    Response: This rule addresses quota specifications only; time/area 
closures and other management measure are beyond the scope of this 
action.

Changes From the Proposed Rule

    The final rule contains no changes from the proposed rule, except 
for minor landings updates based on more recent 2014 landings reports.

Classification

    Pursuant to the Magnuson-Stevens Act, the NMFS Assistant 
Administrator has determined that the final rule is consistent with the 
2006 Consolidated HMS FMP and its amendments, other provisions of the 
Magnuson-Stevens Act, the Atlantic Tunas Convention Act, and other 
applicable law.
    This final action is exempt from the procedures of E.O. 12866 
because this action contains no implementing regulations.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.

    Authority:  16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

    Dated: April 29, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2015-10465 Filed 5-4-15; 8:45 am]
 BILLING CODE 3510-22-P